Even though the Arkansas House passed HB 1703 (the National Popular Vote Plan), it didn’t pass the Senate, and the legislature has now recessed. Although the legislature will reconvene later this month for a few days, bills that didn’t already pass are dead for the year. The Senate committee that would have voted on HB 1703 requires 5 votes to pass bills, and HB 1703 only had support from 4 Senators on that committee.
The U.S. Supreme Court will be hearing three election law cases this year, and possibly some early next year. The three that will definitely be heard are:
1. Federal Election Commission v Wisconsin Right to Life, on whether the McCain-Feingold Campaign Finance Law is unconstitutional as applied, in the case of not-for-profit corporations that want to run broadcast ads within 60 days of an election that mention candidates without asking viewers to vote for or against them. This will be argued April 25. Amici briefs in favor of the FEC have been filed by the League of Women Voters, three law professors, the Committee for Economic Development, and U.S. Senator John McCain. Amici briefs in favor of Wisconsin Right to Life have been filed by the Center for Competitive Politics, Citizens United, U.S. Senator Mitch McConnell, the Family Research Council, the Coalition of Public Charities, the National Rifle Association, the National Association of Realtors, the Republican National Committee, the American Center for Law and Justice, Focus on the Family, the Chamber of Commerce, the AFL-CIO, the American Civil Liberties Union, and the Alliance for Justice.
2. New York State Board of Elections v Lopez Torres, on New York state procedures for judicial candidates (or their slates of delegates) to run in party primaries. New York Board of Elections’ brief is due May 7; Lopez Torres’ brief is due July 11; argument is likely in October or November 2007.
3. Washington State v Republican Party of Washington, on the “top-two” primary. Washington state’s brief is due May 14; the Republican, Democratic and Libertarian Party briefs are due August 6; argument is likely in October or November 2007.
In addition, two interesting cert petitions are pending:
1. Underwood v Guam, filed by the 2006 Democratic Party candidate for Governor of Guam, seeks a ruling that over-votes are “votes cast”, and therefore no one got a majority in the November 2006 election and Guam should have held a run-off. Guam’s response to the request that the U.S. Supreme Court hear this case is due April 18.
2. Kidwell v City of Union, Ohio, over whether a city government can spend taxpayer money advertising for a “no” vote on an initiative. The city has responded to Kidwell’s cert petition.
The Court will probably decide in May or June whether to hear either the Guam case or the Kidwell case.
Bills in Vermont to use Instant Runoff Voting for at least one particular statewide race have not advanced. Therefore, neither H196 nor SB108 can pass this year. The chief impediment was the Secretary of State’s conclusion that making the change would cost too much money. The Vermont legislature has been pondering IRV for state and federal elections since 1999.
Bills in Vermont to use Instant Runoff Voting for at least one particular statewide race have not advanced. Therefore, neither H196 nor SB108 can pass this year. The chief impediment was the Secretary of State’s conclusion that making the change would cost too much money. The Vermont legislature has been pondering IRV for state and federal elections since 1999.
On April 10, Maryland became the first state to pass the National Popular Vote Plan, when Governor Martin O’Malley signed SB 634 into law.
